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STEIN v. SMITH

No. 101, Sept. Term, 1999.

751 A.2d 504 (2000)

358 Md. 670

Charles F. STEIN, III, et ux. v. Robert E. SMITH, Jr., d/b/a Curtis Contractors, Inc.

Court of Appeals of Maryland.

May 15, 2000.

Attorney(s) appearing for the Case

Edward J. Gilliss (Edward U. Lee, III, Royston, Mueller, McLean & Reid, LLP, on brief), Towson, for petitioners.

J. Marks Moore, III (West & Moore, LLC, and Andrew M. Winick, Wilson, Elsner, Moskowitz, Edelman & Dicker, LLP, on brief), Baltimore, for respondent.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL and HARRELL, JJ.

RODOWSKY, Judge.

In this case we hold that the statute of limitations is not tolled by the filing of an action in the name of a corporation whose charter had been forfeited and never revived, asserting a claim that was not a corporate asset at the time of forfeiture. Consequently, an amendment naming the last and sole owner as plaintiff in lieu of the defunct corporation, after the statute had run, does not relate back to...

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